Statutes

Abstract: This statute sets communications made during mediation proceedings as privileged and prohibits mediators from being compelled to testify as to those communications except in certain situations. These include cases where the communication is an immine...

Abstract: This statute authorizes the probate judge to establish rules for alternative dispute resolution procedures, including but not limited to mediation. The statute also allows the court to establish a filing fee, not to exceed $15, to fund these ADR prog...

Abstract: Under this statute, 'all parties to a medical, dental, optometric, or chiropractic claim may agree to submit to nonbinding arbitration.' A three-person panel, one chosen by the plaintiff, one by the defendant and one by the court, will arbitrate the ...

Abstract: For certain family relations disputes, this statute authorizes the court to refer parties to mediation. These referrals can only be made for disputes involving divorce, dissolution, legal separation, annulment, or the allocation of parental rights an...

Rules

U.S. District Court for the Northern District of Ohio. January 1, 1992, amended December 1, 2017

Resource Type: Rules - Court

Abstract: These rules were adopted to provide a 'broad program of court-annexed dispute resolution processes' as an alternative to litigation in the U.S. District Court for the Northern District of Ohio. Rule 16.4 outlines the role of the ADR Administrator, th...

Abstract: Under this rule a court may, upon request by a party or in its discretion, assign any civil case not exempted by Fed.R.Civ.P. 26 to mediation or settlement week conferences. With consent of all parties, the court may also assign the case to other typ...

Court of Appeals of Ohio, Eleventh District . Amended June 10, 2011; Effective July 1, 2011

Resource Type: Rules - Court

Abstract: Under this rule, the Court may select any civil or administrative appeal for a prehearing mediation conference. The conference will allow exploration of settlement possibilities through mediation and address anticipated procedural matters. At the con...

Abstract: This rule states that debtor-defendants in foreclosure actions are to be informed of their right to mediation, except in cases of tax foreclosure. Defendants must complete a request for mediation and submit it in a timely fashion in order to pursue m...

Court of Common Pleas of Lucas County, Ohio. July 1, 1996; amended June 7, 2010

Resource Type: Rules - Court

Abstract: This rule discusses the civil case referral program in the Lucas County, Ohio, Court of Common Pleas. Under this rule, a judge may refer any civil case to mediation at or after an pretrial, or by consent of the parties. Domestic violence cases are no...

Abstract: This directive describes the case management process for the court's foreclosure mediation program. Cases referred to mediation are scheduled for a pre-mediation conference, which must be attended by the plaintiff's counsel and the property owner, wi...

Abstract: Under this rule, the Court may select any civil or administrative appeal or original action for a prehearing mediation conference. The conference will serve to explore settlement possibilities through mediation, simplify issues if settlement is not p...

Abstract: Under this rule, medical malpractice cases may be assigned to arbitration if the parties agree. Civil cases with less than $50,000 in controversy may also be assigned by the court to arbitration, and civil cases with more than that amount in controve...

Abstract: Under this rule, the court may refer a domestic relations case to mediation by its own motion or by that of the parties. Cases may also be referred by random selection. The rule states that communication is confidential if there is a written agreemen...

Abstract: This rule outlines procedures for arbitration of civil cases in Green County, Ohio. Before undergoing arbitration, a scheduling or pretrial conference must be held, and cases are arbitrated by a three-person panel; two individuals are chosen by the c...

Abstract: Under this rule, pending civil cases in the Hancock County, Ohio, Court of Common Pleas may be referred to mediation, except in certain cases involving domestic violence. The rule discusses mediator qualifications, pre-mediation procedures, attendanc...

Abstract: Under this rule, the court may order parties in divorce, separation or annulment proceedings involving parental rights and reponsibliities and minor children to an initial mediation session. After the mediation, the parties and mediator will submit a...

Abstract: This rule formalizes the Logan County Court of Common Pleas mediation program for civil and domestic relations cases. Parties, counsel and a representative of an insurance carrier (if applicable) must attend the mediation. Statements made during the ...

Abstract: Under this rule, the "court may assign any civil case for a settlement conference." Parties, counsel and a representative of an insurance carrier (if applicable) must attend the conference. Statements made at the conference are not 'admissible as evi...

Abstract: This rule states that cases involving visitation, companionship, parental rights and responsibilities of minor children and civil and truancy cases "shall be mediated unless otherwise agreed by the parties and approved by the Court." The rule further...

Abstract: Under this rule, cases related to parental rights and responsibilities, family cases involving minor children, and financial issues, such as child support, may be mediated. The rule addresses referrals, case screening for domestic violence, mediator ...

Abstract: Under this rule, all civil cases in the Union County, Ohio, Court of Common Pleas shall attempt two mediation sessions, except worker's compensation cases, which will attempt one. Parties, their attorneys and insurance representatives (if applicable)...

Abstract: Under this rule, the court's policy is to "encourage the use of Alternative Dispute Resolution (ADR) methods." Judges will inform parties of the various processes available and refer appropriate cases to those processes. ADR methods include early neu...

Abstract: Under this rule, cases involving the 'allocation of parental rights and responsibilities, or companionship and visitation,' may be ordered to mediation at a scheduling/pretrial conference. Parties must participate in good faith. Cost is determined by...

Abstract: Under this rule, medical negligence cases subject to arbitration shall be arbitrated by a three-person panel. Two members of the panel are chosen by the counsel of the plaintiff and defendant, and the third is appointed by the assigned judge. The rul...

Abstract: This rule deals with the Bankruptcy Court's Alternative Dispute Resolution program. A judge presiding over a bankruptcy case involving adversary proceedings may have a settlement judge appointed, or order the case to another mediation process. Cases ...

Abstract: This program is open to all civil cases filed in the Green County, Ohio, Court of Common Pleas, except in certain cases involving domestic violence. The rule addresses issues of attendance at mediation conferences, good faith, immunity and confidenti...

Abstract: This part discusses conciliation and mediation in the Court of Common Pleas of Warren County, Ohio. Rule 5.1 includes requirements for a motion for conciliation and states that an attorney "must file a notice of dismissal or notification of intent to...

Abstract: This rule outlines alternative dispute resolution processes and procedures for the Butler County, Ohio, Court of Common Pleas. Rule 4.20 pertains to motor vehicle arbitration (Lemon Law Violations) and addresses issues of discovery, disclosure and co...

Abstract: This rule outlines procedures for foreclosures of residential properties in Geauga County, Ohio. Section E of this rule states that the court may refer the lender and borrower to mediation as appropriate, and may also require that both parties appear...

Abstract: Under this rule, the court may schedule a mediation on its own motion by party request. Parties and their attorneys must attend the mediation, and continuances will 'only be granted for good cause shown.' The court also offers short form arbitration ...

Abstract: Under this rule, a trial judge may refer certain cases to mediation, including cases in which mediation would improve the chance for settlement, cases where parties have consented to mediation, cases in which a trial judge is unavailable and "all cas...

Abstract: Under this rule, all civil cases 'except foreclosure and requests for injunctive relief' will be assigned to mediation in the Mahoning County, Ohio, Court of Common Pleas. In order to opt out of mediation, the parties must have the mediator's consent...

Abstract: Under this rule, civil cases in the Mahoning County Court of Common Pleas, except those "involving title to real estate, equitable relief, and Administrative Appeals," may be submitted to arbitration if the parties consent. The costs for arbitration ...

Court of Common Pleas of Montgomery County, Ohio. September 1, 2007; amended August 1, 2012

Resource Type: Rules - Court

Abstract: Under this rule, the court may order parties into mediation in any action for divorce, legal separation or annulment at any time after the service of summons or the filing of a post-decree motion. The mediation will cover issues regarding the allocat...

U.S. Bankruptcy Court for the Northern District of Ohio. Apr. 15, 2007

Resource Type: Rules - Court

Abstract: Under this rule, adversary proceedings or contested matters may be resolved through alternative dispute resolution (ADR). ADR will be governed by Rules 16.4 through 16.10 of the U.S. District Court for the Northern District of Ohio. These rules outli...

Abstract: All new applications to determine the custody of a child, motions for parenting time, and/or motions to modify the allocation of parental rights and responsibilities must be referred for a mandatory first mediation session, barring certain exceptions...

Abstract: All private actions seeking custody of a child shall be referred to mediation, unless excepted pursuant to Local Rule 8 (due to domestic violence conviction, great physical distance, mental illness, emergency circumstances, or the execution of an Agr...

Abstract: This rule provides that cases can be referred to mediation either through motion of all parties or selection by the judge, with exceptions for several types of cases, including administrative appeals, injunction, replevin and discovery actions. Proce...

Abstract: Under this rule, any civil case may be referred to mediation by the judge or by any party. The court is to ensure that parties are allowed to participate in mediation, and it is to screen for domestic violence before and during mediation. The rule li...

Probate Court of Franklin County, Ohio. January 1, 2007; revised January 1, 2011

Resource Type: Rules - Court

Abstract: Under this rule, the court may refer disputed issues in any action to mediation, either on its own motion or the motion of any of the parties, and may order parties to participate in mediation at any time. The rule specifies that no statements made d...

Abstract: Under this rule, the Court may refer disputed issues to mediation on its own motion or the motion of any of the parties by means of a Notice of Scheduled Mediation. The rule details the processes for selection of a mediator and for conducting the med...

Abstract: This rule states that the court may refer any case under its jurisdiction to mediation on its own motion or through that of a party. The rule addresses mediator selection, domestic violence, confidentiality, mediator conflict of interest, cost and sa...

Abstract: This rule applies to domestic relations cases and states that the court may refer any action under its jurisdiction to mediation on its own motion or through that of a party. The rule addresses mediator selection and qualifications, domestic violence...

Abstract: This rule applies to domestic relations cases and states that any action may be referred to mediation at any time by either court order or by party agreement. The rule outlines the referral process, mediation procedures, participation of both parties...

Abstract: Under this rule, the judge or magistrate may, on his or her own motion or on that of a party, refer cases under the court's jurisdiction to mediation, with exceptions. Parties select a mediator and cases are screened for domestic violence. The rule a...

Abstract: Under this rule, the judge or magistrate may, on his or her own motion or on that of a party, refer cases under the court's jurisdiction to mediation, with exceptions. Parties select a mediator and cases are screened for domestic violence. The rule a...

Abstract: Under Rule 3.21, all civil cases may be referred to mediation by court order. Communication is privileged in mediation under this rule and parties must sign a written agreement before mediation if they wish for communication to be confidential. The r...

Abstract: Under this rule, all civil cases not involving real estate titles, equitable relief, or appeal, and which are valued at $50,000 or less per claimant, may be submitted to mandatory arbitration. The rule outlines procedures for selection and appointmen...

Court of Common Pleas of Stark County, Ohio. January 2, 2006; amended April 27, 2009

Resource Type: Rules - Court

Abstract: Under this rule, a court may order parties to obtain mediation services when there is disagreement regarding allocation of parental rights and responsibilities over minor children in divorce proceedings. The court is to maintain a mediation service p...

Abstract: Under this rule, any dispute under the jurisdiction of the probate court may be referred to mediation through a party's motion, agreement of the parties, or a motion of the court. The court will ensure that all parties are allowed to participate in m...

Abstract: This rule states that a trial judge may refer, for a mandatory mediation conference, any case in which the chances of settlement would be improved with mediation, in which all parties consent, in which a continuance of the trial date becomes necessar...

Abstract: Under this rule a judge may order any case to be decided by a Board of Arbitration, so long as the amount in controversy does not exceed $100,000 and the case does not involve real estate titles, equitable relief or appeals. If the case exceeds $100,...

Abstract: Under this rule, the court's administrative counsel may schedule a mediation conference for any civil or administrative appeal, and parties may also request mediation directly. The mediation serves to explore settlement possibility, simplify issues, ...

Court of Common Pleas of Ottawa County, Ohio. Aug. 10, 2000; amended May 1, 2001

Resource Type: Rules - Court

Abstract: Under this rule, a judge may refer civil cases to mediation if the chance for settlement would be improved, if all parties consent, if a judge is unavailable for trial. Cases may also be referred to mediation when they involve replevin, attachment be...

Abstract: This rule states that any civil case may be referred to mediation by a party's motion, agreement of the parties, or the Court's own motion, though a party may object for good cause. Rules are outlined for conference scheduling, mediator qualification...

Abstract: Under this rule, a judge may order a case for arbitration, if the amount in controversy is $50,000 or less per plaintiff, after a case management conference, pretrial or settlement conference. No further discovery is permitted. The rule outlines the ...

Abstract: Under this rule, all civil cases in the Van Wert County, Ohio, Court of Common Pleas, excluding (unless parties agree otherwise) "actions involving title to real estate, equitable relief, appeals, and medical malpractice, and actions where the amount...

Abstract: Under this rule, any action may be referred to mediation by the court by voluntary referral by motion of all parties or selection by the judge. The mediator will be selected by the court, and the court administrator shall set fees for the mediation....

Abstract: Under this rule, all civil cases where a plaintiff's claim is $40,000 or less, "except those involving title to real estate, equitable relief, appeal, or declaratory judgment," in the Portage County, Ohio, Court of Common Pleas may be submitted to ar...

Abstract: Under this rule, a division of the court of common pleas, municipal court, and county court shall consider, and may adopt, a local rule providing for mediation. That rule shall include procedures for ensuring that parties may participate, screening f...

Court of Common Pleas of Cuyahoga County, Ohio. Adopted July 1, 1996; amended November 1, 2000

Resource Type: Rules - Court

Abstract: Under this rule, any judge is authorized to facilitate the use of voluntary alternative dispute resolution methods. Specifically, any business case may be referred to mediation, either at the case management conference or at any time by agreement of ...

Court of Common Pleas of Franklin County, Ohio. November 1, 1993; amended April 26, 2000

Resource Type: Rules - Court

Abstract: Under this rule, a judge may by order refer any case for arbitration, excepting cases involving title to real estate, equitable relief, appeals, and actions where the amount in controversy exceeds $50,000. The rule sets forth qualifications for arbit...

Abstract: Under this rule, the court's mediation attorney may schedule a mediation for any civil or administrative appeal. Parties may also request mediation directly, or make requests for cancellation. The mediation serves to explore settlement possibility, s...

Court of Common Pleas of Cuyahoga County, Ohio. Adopted May 1, 1992; amended October 1, 2010

Resource Type: Rules - Court

Abstract: Under this rule, the court may order both parties in any action for divorce, legal separation or annulment to participate in a mediation assessment if the allocation of parental rights and/or the possession of children is at issue. Exceptions to this...

Court of Common Pleas of Summit County, Ohio. Adopted March 15, 1991; amended January 1, 2007

Resource Type: Rules - Court

Abstract: Under this rule, parties may mediate any disagreement regarding allocation of parental rights and responsibilities or companionship and visitation. The court will facilitate the selection of a mediator and determine the payment of costs. After mediat...

Court of Common Pleas of Franklin County, Ohio. Adopted September 9, 1989; amended January 22, 2007

Resource Type: Rules - Court

Abstract: Under this rule, the court may refer any action to mediation, and may order a mediation screening in an action for divorce, annulment, or legal separation involving the allocation of parental rights and responsibilities. The rule specifies exemptions...

Abstract: Under this rule, the court may refer any action to mediation, and may order a mediation screening for actions requesting custody, parenting time or other child-related matters. Parties may terminate mediation unless ordered otherwise. The rule provid...

Abstract: This rule discusses which medical malpractice claims will be sent to arbitration. The rule allows for attorneys to request one arbitrator rather than three and explains how arbitrators are selected. The rule explains how arbitrators are appointed to ...

Court of Claims of Ohio. Adopted January 1, 1984; amended October 1, 1998

Resource Type: Rules - Court

Abstract: Under this rule, a judge shall make the determination at an initial conference with the parties whether a civil case is appropriate for mediation. Further, a case may be referred to mediation at the request of a party or upon the court's own motion. ...

Reports

Abstract: This empirical study of the procedural preferences of attorneys found that they demonstrated a preference for mediation conducted by staff mediators over judicial settlement conferences and mediation conducted by volunteer mediators. The study is bas...

Abstract: This study examines statewide victim offender dialogue programs to provide victims of severe violence the opportunity to meet the offender should the offender agree. For the study, 79 interviews were conducted - 40 with victims or family survivors, 3...

Abstract: An evaluation was conducted of a program in which volunteers mediated permanent custody for child protection and dependency cases. Included in the evaluation were 49 mediated cases and 37 control group cases.
The study found that 38.8% of all cases ...

Abstract: This article presents the findings from three empirical studies of nine courts in Ohio: two studies involved pilot mediation programs in five courts; one involved a "settlement week" mediation program in four courts. To conduct the studies, questionn...

Abstract: For this evaluation of a pilot program in Ohio in which termination of parental rights was mediated, cases were randomly assigned to mediation. Variables examined were settlement rate, outcomes, cost to court, and participant perception of mediation....

Abstract: This study presents the results of a questionnaire given to a random sample of attorneys in Ohio. The responses were used to measure attorneys' experience with ADR procedures. The study found that Ohio attorneys' experience with ADR procedure as coun...

Abstract: This report examines the workers' compensation mediation program in the Tenth Appellate District of Ohio. In this program, "cases were referred to mediation on a random assignment basis. . . mediated cases were similar to nonmediated or control group...

Abstract: The Multi-Door ADR Program of the Northern District of Ohio began on January 1, 1992 and offers mediation, arbitration, early neutral evaluation, summary bench trial and summary jury trial processes for the resolution of civil cases. This program des...

Abstract: This report provides an overview of the different methods of dispute resolution and then discusses the summary jury trial (SJT) in detail. The author analyzes the benefits of this method, its foundation, process, and the selection of cases. In additi...

Contacts

Abstract: The Cuyahoga County Court of Common Pleas launched its foreclosure mediation program in June 2008. The program's website provides information for borrowers on how to apply to participate in the program and how the court will determine if their case i...

The Ohio State University Moritz College of Law Program on Dispute Resolution.

Resource Type: Academic Program

Abstract: This website describes the Ohio State University Moritz College of Law Program on Dispute Resolution. The website includes a link to publications, news and events, a blog and Model Standards of Conduct. ...

Abstract: This is a program of the Ohio State University College of Law, which "provides research and outreach services to local, state, and federal court personnel who seek to learn more about mediation's effectiveness or who want to create and maintain high-...

Abstract: The Ohio Supreme Court Dispute Resolution Section was established in 1992 and "has helped establish mediation programs in more than 50 courts" in Ohio. The section trains mediators and provides funding and consulting for the programs, which exist in ...

Abstract: The Capital University Law School Center for Dispute Resolution was established in 1984 with a mission "to serve as a resource for and to be engaged in teaching, training, experimentation, application, development, and research with regard to the pro...